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2024 Supreme(Online)(Bom) 1904

HIGH COURT OF BOMBAY
BHARAT P. DESHPANDE, J
PRAGATI PRAVIN PAWASKAR AND ANR – Appellant
Versus
RAJESH SURESH PRABHU WALAVALKAR @ RAJESH SURESH WALAVALKAR – Respondent


Mr. Raunaq Rao with Ms. Tabitha Souto, Advocates for the Petitioners. Mr. Parag Rao with Mr. Ajay Menon, Advocates for the Respondent.

ORAL JUDGMENT:

1.Heard Mr. Raunaq Rao for the Petitioners and Mr. Parag Rao for the Respondent.

2.Rule. Rule is made returnable forthwith. Heard the matter for final disposal at the stage of admission itself with consent of parties.

3.The Petitioners preferred the present Petition, challenging the order passed by the Trial Court dated 07.10.2023, thereby appointing the Respondent as Head of the Family in the Inventory Proceedings No. 82/2020, in view of Section 376 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012 [Act of 2012, for short].

4.Mr. Raunaq Rao appearing for the Petitioners would submit that upon the death of the father of Petitioner No. 1, she filed an Inventory Proceedings before the Trial Court and in the said proceedings itself, requested the Court to appoint her as the Head of the Family. However, the learned Trial Court appointed the widow i.e. the mother of Petitioner No. 1 as Head of the Family. Subsequently, since the mother of Petitioner No. 1 was unable to carry out the duties of the Head of the Family, she requested the Court to relieve her from the said post. Accordingly, an Application was filed by the Respondent to appoint him as th

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